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The aim of this publication is to explain the way income tax and CGT considerations impact on the annual distribution of income by the trustee of what may be called a typical discretionary trust that is a resident for tax purposes.

While not attempting to be a treatise on the taxation of trust income, the publication does consider the more significant issues involved and seeks to do this in a straightforward and understandable manner. 

The landmark decision of the High Court in the Bamford case has led to an initiative by the government to rewrite and reform the operation of Div 6 of theIncome Tax Assessment Act 1936. Initially, significant amendments made by the Tax Laws Amendment (2011 Measures No. 5) Act 2011 (which became law on 29 June 2011) are intended to deal with the streaming of capital gains and franked distributions, primary producer trusts, and tax-exempt beneficiaries. These amendments first apply for the 2010-11 income year.

Table of Contents

A high level table of contents follows.

  • Chapter 1 Introduction
  • Chapter 2 Recent developments
  • Chapter 3 What does the trust deed say?
  • Chapter 4 Division 6 and discretionary trusts
  • Chapter 5 CGT and discretionary trusts
  • Chapter 6 Particular kinds of trust
  • Chapter 7 Income considerations
  • Chapter 8 Beneficiary considerations
  • Chapter 9 Making the distribution
  • Chapter 10 The new 2011 law: summary, examples and deadlines


An image of Discretionary Trust Distributions book cover
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